Terms & Conditions
We are Mooigoed Design, this is our website available at www.mooigoeddesign.com and these are our legal terms, including our
- Terms of sale - which you agree to by checking a check box when you place an order through this website; and
- Returns policy - which you agree to by checking a checkbox when you place an order through this website.
We may change any of these terms at any time by updating this web page.
If you have any questions about our legal terms, please contact us.
- Licence. We grant you a limited licence to use this website.
- Breach. We may cancel your licence if you breach any of these terms.
- Framing. You may not frame this website.
- Capacity. You agree to the terms on the basis that you have the capacity to visit this website.
- Accurate information. You promise that you will give this website only accurate information.
- Ownership. We or our thirdparty licensors own all rights in this website.
- Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners' property.
- Restrictions.You may not change, hire out, reverse engineer, or copy this website without our permission.
- Own risk. You use this website at your own risk and we make no warranties about it.
- Indemnity. You indemnify us against any liability related to your use of this website.
- Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.
- Indirect damages. We will never be responsible for any indirect damages.
Terms of Sale
- Introduction.These terms cover any transactions where we provide goods to you through this website.
- The parties. We are the vendor under these terms. You are the customer underthese terms.
- Duration. These terms commence when you accept them and continue until terminated.
Orders. You place orders with us on the following basis:
- you promise that you have the legal capacity to enter into the transaction;
- we only conclude an agreement when we dispatch our goods to you;
- we may cancel any order, but we will refund any money you have paid if we do;
- we conclude an agreement where you are domiciled; and
- each order is a separate agreement, but you breach all of them if you breach one.
Goods. We sell the goods to you on the following basis:
- you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;
- we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;
- risks related to the goods pass to you on delivery;
- ownership in the goods passes to you on payment of the fees in full; and
- you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.
- Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.
- Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
- Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
- Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.
- Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.
- Indirect damages excluded. We are not liable for anyother losses that they may cause you.
- Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
- Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.
- Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
- Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.
- Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
- Entire agreement. The agreement is the entire agreement between the parties on the subject.
- Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.
- Governing law. South African law governs this agreement.
- Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.
- Purpose. This policy describes the way we handle your personal information.
Personal information. Personal information includes information we collect:
- on submission when you place an order; and
- automatically when you visit this website.
- Acceptance. You may not order any of our goods if you do not accept this policy.
- Collected on submission. We collect your contact details and delivery address when you place an order.
- Collected automatically. We collect your internet usage information when you visit this website.
- Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.
- Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.
- Use. We may use your personal information to fulfil our obligations to you.
- Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.
- Disclosure. We may disclose personal information to third parties if required for legal reasons.
- Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.
Every Mooigoed Design order is personalised and packaged with love and care. However, should you not be completely satisfied or in the unlikely event that any of the items in your order is damaged, kindly read the below procedures.
- Any items that are custom made can unfortunately not be returned.
- Sale items, prizes and discounted items cannot be returned.
- Due to hygiene reasons, earrings are non-refundable.
- Please email us at email@example.com with a reason for your return and images of the product within 7 days of receipt. Thereafter refunds are not applicable.
- Although your packaging does not need to be intact, your purchased items still needs to be in its original state and condition. Should the item be returned in a poor/neglected or abused condition, the refund will not be processed.
- We personally check and package each item before shipping, however, should a defect slip through please inform us within 24hours of courier delivery. Please contact us via email firstname.lastname@example.org with detailed information and an image of the defected item.
- Defects such as a faulty lobster clasp or jump rings will be exchanged or repaired at our expense within 20 calendar days. Thereafter a free repair can be arranged but you will be liable for the courier costs.
- All our jewelry are costume jewelry tone changes will occur with much wear. Numerous factors contribute to this and items with tone changes do not qualify for a return.
- All our items are made by hand and some items my therefore differ slightly when compared with online posts and website images. Extreme love is put into each order and these minor differences are what makes each item unique.
- Due to hygiene reasons, earrings are non-refundable.
- Return expenses, other than for defects on our part will be at your own expense.
- Please return you order to Mooigoed Design, Lookout Centre, Main Street, Plettenberg Bay, 6600.
- Once we received your return and checked the condition, you will be contacted via email to confirm the final details of your refund. Your options will be - EFT Your refund will be processed within one week of arriving at our office. Once your refund and payment has been processed, proof of payment will be sent to you via email. Voucher or Exchange You can exchange your return for another item on our website or alternatively opt for a voucher to be redeemed at a later stage.
- Disclaimer Items returned in a poor or neglected condition will not be refunded. The items on our store are carefully selected, personalised and made with love and care. Our items are not meant to be rough handled and jewelry needs to be stored appropriately. Should your items be damaged due to neglect or an unfortunate incident your honesty will be appreciated and a discount for a replacement can be arranged.